Lattouf wins case against the ABC as judge awards $70k for distress
Federal Court Justice Darryl Rangiah has ruled that the ABC breached the Fair Work Act when it cut short Antoinette Lattouf’s five-day stint on Sydney radio, in a case that exposed the public broadcaster’s sometimes ramshackle internal processes.
Lattouf sued the ABC for breach of contract and racial discrimination after her radio presenting gig at ABC Radio Sydney ended in December 2023.
In summing up, Justice Rangiah said “[Lattouf] was not given any opportunity to defend herself.”
Lattouf outside court following the victory
He characterised the reaction of ABC management as being in “a state of panic” following receipt of an “orchestrated” pro-Israel and anti-Lattouf email campaign.
The legal question of whether her employment was actually terminated was decided in Lattouf’s favour because the radio presenter was fundamentally a performer, and denying her access to an audience therefore constituted dismissal.
“Ms Lattouf was … contracted to provide entertainment to ABC’s audience.”
“I find that ABC repudiated the contract,” Justice Rangiah said.
The judge found there was no racial discrimination in terminating her employment.
In delivering his finding, Justice Rangiah rejected important parts of ABC chief content officer Chris Oliver- Taylor’s evidence. He said he did not accept Oliver-Taylor’s stated reasons for the sacking.
Chris Oliver-Taylor
The judge described Oliver-Taylor as being under pressure and in a difficult situation, and said Lattouf’s posting of a Human Rights Watch infographic about the Gaza war as “ill-advised and inconsiderate of her employer”.
He said protection of the ABC’s reputation was one of the reasons for the dismissal, but not the only one. Lattouf’s political views about Israel’s actions in Gaza was also a motivator for the ABC.
This led to his conclusion that in the ABC did contravene the Fair Work Act in terminating Lattouf’s employment. Under the Fair Work Act, political views are not a valid reason for dismissal.
The judge also said that the ABC should have given Lattouf a chance to defend herself against the charges of misconduct.
He found that the ABC’s conduct and the public attention on her dismissal had caused Lattouf significant distress, and awarded her $70,000 in compensation.
The case revolved around the Human Rights Watch infographic Lattouf posted to Instagram on the third day of her presenting stint. ABC management said the post breached the ABC’s social media policy, and it directed her to leave the studio and not return for the remaining two days of her contract. Lattouf then sued, alleging unlawful termination, breach of contract and racial discrimination.
Ita Buttrose
The case saw an array of senior ABC executives and managers take the stand, including former ABC managing director David Anderson, former chair Ita Buttrose, Chris Oliver-Taylor, head of audio Ben Latimer and news director Justin Stevens.
Lattouf’s legal team said she was sacked after Jewish interest groups contacted Buttrose directly, and that Buttrose exerted pressure both through David Anderson and through contacting other managers directly. Justice Rangiah only mentioned Buttrose in passing in the judgment, and did not consider the question of her influence within the ABC.
The ABC argued that Lattouf had breached the requirement of impartiality, and that in any case she had not actually been sacked or punished, only paid to stay at home for two shifts.
After initially denying racial discrimination was possible on the basis that Lattouf’s team hadn’t proved the existence of “a Lebanese, Arab or Middle Eastern Race”, the ABC retracted the argument after being rebuked by Justice Rangiah.
Perhaps the most rivetting part of the trial was the testimony of chair Ita Buttrose, who was imperious on the stand. She denied under cross-examination that an email she sent to then-ABC managing director David Anderson including the line “What’s happening? Are we replacing her?” was an instruction to sack Lattouf.
“That’s an update question,” she said. “I was over getting emails about Ms Lattouf.”
The ABC’s internal processes exposed in cross-examination and in emails submitted in evidence showed that Oliver-Taylor did not seek HR or legal advice before removing Lattouf, and that Lattouf had no opportunity to answer the charges against her. Anderson conceded that the dismissal process was “abnormal” and should have been handled differently. He had decided that Lattouf’s previous social media posts were antisemitic after scrolling through them.
ABC MD Hugh Marks apologised in a statement following the verdict.
“Regardless of the outcome today, it’s clear the matter was not handled in line with our values and expectations. We also let down our staff and audiences, and this failure has caused understandable concern among the public and inside the organisation,” he said.
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